When not to Mediate

Mediation is not an appropriate dispute resolution option in the following circumstances:

  • The dispute involves a point of law, the interpretation/construction of a document, the necessity for an urgent injunction, or in disputes when an allegation of fraud or other commercially disruptive conduct is made
  • The disputants have a history of mutual intimidation, violence or acrimony
  • The disputants have agreed to establish a legal or public precedent
  • There is an imbalance of power, social or financial position between the disputants
  • A statutory time limitation or deadline expiry date is imminent

Mediation does not suspend the operation of a statutory time limitation.

It is recommended you obtain legal advice on this important legal principle in the possible event that mediation fails and you are obliged to litigate.

When not to Mediate

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